Last updated: 10-Aug-2025

These Terms and Conditions (“Agreement”) are provided by IdentX Labs Pvt. Ltd. (“IdentX”, “we”, “us”, or “our”) and govern your access to and use of IdentX services, websites, SDKs, APIs, dashboards, and related tools (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by this Agreement, together with any Order Form or Subscription Agreement you may have signed, and our Privacy Policy. If you do not agree, you may not use the Services.

If there is any conflict between this Agreement and an executed Order Form, Subscription Agreement, or Master Services Agreement, the executed agreement shall prevail to the extent of the conflict.

• 1.1 “Services” means the device intelligence, fingerprinting, telemetry, analytics, risk scoring, fraud detection, SDKs, APIs, dashboards and any associated tools or portals provided by IdentX.
• 1.2 “Customer” or “You” means any individual or entity using the Services.
• 1.3 “Order Form” means any ordering document or subscription agreement executed between you and IdentX that references this Agreement and specifies pricing, subscription term, usage limits, and other commercial terms.
• 1.4 “Authorized Users” means your employees or agents to whom you provide access credentials to use the Services on your behalf.
• 1.5 “API Key” means a unique software key issued by IdentX to enable your system or application to communicate with the Services.
• 1.6 “Customer Data” means the data you submit to IdentX or collect via your integration with the Services, including device signals, telemetry, metadata, usage logs, or other risk-related information.
• 1.7 “Usage Data” means anonymized, aggregated, or derived analytics generated by IdentX from operation of the Services, excluding personally identifiable information.

• 2.1 Subject to payment of fees as set out in the Order Form, IdentX will provide you and your Authorized Users access to the Services.
• 2.2 IdentX will use commercially reasonable efforts to maintain the availability, security, and operational functionality of the Services.
• 2.3 IdentX may update, modify, or discontinue parts of the Services at any time, provided such changes do not materially degrade core functionality without reasonable notice.

• 3.1 You are responsible for obtaining and maintaining all systems, integrations, and third-party services required to use the Services.
• 3.2 You must ensure your use of the Services complies with all applicable laws, including privacy and data protection, and that you have obtained necessary end-user consents.
• 3.3 You are responsible for safeguarding access credentials (API keys, SDK credentials, login credentials) and for all activity under them.
• 3.4 You must promptly notify IdentX if you suspect unauthorized access or misuse.

4.1 Subject to your compliance with this Agreement and any Order Form, IdentX grants you a revocable, non-exclusive, non-transferable license to use the Services for your internal business purposes.

4.2 You may not:

• - use the Services unlawfully, fraudulently, or abusively;
• - reverse engineer, decompile, disassemble or derive source code;
• - circumvent security, usage limits, or access controls;
• - resell, sublicense, or redistribute the Services without prior written consent;
• - use the Services to build or support a competing product;
• - introduce malicious code or use automation that harms system performance.

4.3 IdentX may suspend or terminate access if you violate this Agreement, misuse the Services, or pose a security or compliance risk.

• 5.1 You agree to pay fees as specified in your Order Form. Unless otherwise stated, fees are invoiced periodically and due within the specified timeframe.
• 5.2 Late payments may incur interest and/or suspension of Services.
• 5.3 You are responsible for all taxes, duties, and levies related to your use of the Services, excluding taxes on IdentX’s income.

• 6.1 You retain ownership of Customer Data and are responsible for its accuracy and legality.
• 6.2 You grant IdentX a limited, worldwide, royalty-free license to process Customer Data as necessary to provide, maintain, and improve the Services.
• 6.3 IdentX owns Usage Data and may use it (in anonymized, aggregated form) for analytics, benchmarking, product development, and improvement.
• 6.4 Processing of personal data is governed by our Privacy Policy.
• 6.5 Data Retention. Upon termination, IdentX will retain Customer Data for 30 days for export, after which it may be deleted, subject to legal or regulatory requirements.

• 7.1 IdentX will use commercially reasonable efforts to ensure availability of the Services, excluding scheduled maintenance, emergency maintenance, or downtime caused by external providers, force majeure events, or Customer misuse.
• 7.2 IdentX does not guarantee uninterrupted operation and disclaims liability for downtime outside its reasonable control.
• 7.3 Support services are provided as described in the Order Form or documentation.

• 8.1 IdentX warrants that Services will be provided with reasonable skill and care consistent with industry standards.
• 8.2 Except as expressly stated, the Services are provided “as is” and “as available”, without warranties of any kind.
• 8.3 IdentX does not warrant that results will always be accurate, error-free, or uninterrupted.

• 9.1 To the maximum extent permitted by law, IdentX is not liable for indirect, incidental, or consequential damages, including lost profits, lost data, or business interruption.
• 9.2 IdentX’s total liability under this Agreement shall not exceed the fees paid by you in the 12 months preceding the claim.
• 9.3 These limitations apply even if IdentX was advised of the possibility of damages.

• 10.1 Each party agrees to treat the other’s non-public information as confidential.
• 10.2 Confidential information may only be used to perform obligations under this Agreement and disclosed only to those bound by confidentiality obligations.
• 10.3 Exceptions include information that is public, independently developed, or required to be disclosed by law.
• 10.4 Confidentiality obligations survive termination for 3 years.

• 11.1 IdentX will defend and indemnify you against third-party claims that the Services infringe intellectual property rights, except to the extent the claim arises from your misuse or modifications.
• 11.2 You will defend and indemnify IdentX against claims arising from your misuse of the Services, Customer Data, or violation of laws or this Agreement.

• 12.1 This Agreement remains in effect while you use the Services or until terminated.
• 12.2 Either party may terminate for material breach not cured within 30 days of written notice, or immediately for insolvency or fraud.
• 12.3 IdentX may also suspend or terminate immediately for:
  • - non-payment,
  • - security risks, or
  • - compliance violations.
• 12.4 Upon termination, all fees become due immediately, access is revoked, and IdentX may delete Customer Data per Section 6.5.
• 12.5 Sections on Fees, Confidentiality, Indemnification, Limitation of Liability, Governing Law, and Ownership survive termination.

You may not use the Services in violation of applicable export laws or in restricted jurisdictions. The Services may not be used for unlawful surveillance, military, or embargoed purposes.

• 15.1 Independent Contractors. The parties are independent contractors.
• 15.2 Assignment. IdentX may assign its rights or obligations to affiliates or successors. You may not assign without written consent.
• 15.3 Notices. Notices must be in writing and sent to legal@identxlabs.com or your registered email.
• 15.4 Governing Law. This Agreement is governed by the laws of India. Courts in Bengaluru, Karnataka have exclusive jurisdiction.
• 15.5 Force Majeure. Neither party is liable for failures caused by events outside reasonable control, including cyberattacks, ISP outages, or regulatory changes.
• 15.6 Entire Agreement. This Agreement, together with your Order Form and Privacy Policy, is the entire agreement. In case of conflict: (1) Order Form prevails, then (2) this Agreement, then (3) Privacy Policy.
• 15.7 Severability. If any provision is invalid, the remainder remains effective.
• 15.8 Waiver. A party’s failure to enforce rights is not a waiver of those rights.

If you have any questions about these Terms, please contact:

IdentX Labs Pvt. Ltd.
legal@identxlabs.com
121, 4th Main, RMV 2nd Stage, 2nd Phase, KGE Layout, Devasandra, Bengaluru - 560094, Karnataka, India